Jason K. Fagelman
Head of Litigation and Disputes, Dallas
Norton Rose Fulbright US LLP
Jason K. FagelmanvCard
Related services and key industries
- Information governance, privacy and cybersecurity
- Litigation and disputes
- Class actions
- Bankruptcy, financial restructuring and insolvency
Jason Fagelman serves at the Head of Litigation and Dispute Resolution for Norton Rose Fulbright's Dallas office, where he has practiced commercial litigation since 1996. Jason has a national trial practice and has experience representing clients in a broad range of cases, including complex business disputes, consumer class actions, and bankruptcy adversary proceedings. He has litigated numerous matters in state and federal courts, and has tried both complex commercial and tort cases to verdict. He concentrates his practice in the area of high-stakes complex business disputes with emphasis on defending clients against claims for breach of contract, breach of warranty, fraud, RICO and trade secret violations, deceptive trade practices and other commercial torts. He also has significant experience handling cybersecurity, data breach, privacy and insurance coverage matters.
JD, with honors, The University of Texas School of Law, 1996
BA, with high honors, History, Phi Beta Kappa, The University of Texas, 1992
While attending law school, Jason was a member of The Review of Litigation. He was admitted to practice law in Texas in 1996. He is admitted to practice in all state courts in Texas, and the Northern, Western and Eastern Federal District Courts of Texas.
- Texas State Bar
- Representation of national videogame developer in high-stakes breach of contract and fraud matter against publisher/games distributor and defending counterclaims for business disparagement and defamation seeking $100+ million in damages. Prevailed in favor of client on all claims and counterclaims.
- Representation of publicly-traded company in multiple nationwide data breach class actions filed in Florida, California and Texas (now consolidated in Florida), alleging claims arising from stolen payment card information from data breach incident at corporate-owned restaurants.
- Representation of multiple global insurers in data breach class action filed in Missouri relating to a W-2 data breach phishing incident. Following motion to dismiss and class certification briefing, matter settled very favorably.
- Representation of publicly-traded company in nationwide RICO fraud class action matter where purchasers allege they overpaid for airline tickets due to alleged conspiracy to hide aircraft defects.
- Representation of directors and officers of corporate general partner in a limited partner derivative litigation matter where derivative plaintiffs asserted claims for breach of fiduciary duty, self-dealing and unjust enrichment arising from $60 million sale of business. Following successful motion to compel arbitration and targeted offensive discovery, matter settled very favorably.
- Representation of financial institution in class action asserting claims for alleged usury violations in connection with auto loans. Following limited document exchange, filed motion to dismiss and to strike all class allegations, which trial court granted in its entirety.
- Representation of financial institution in complex ERISA class action in which plaintiffs contended that numerous defendants and their ERISA benefit plans breached their fiduciary duties and wrongfully failed to pay ERISA plan benefits; following initial discovery, trial court dismissed Plaintiffs' claims with prejudice, which Ninth Circuit affirmed.
- Representation of global insurer in nationwide class action suit against it and others, alleging that insurers committed antitrust and RICO violations through sale of replacement cost homeowners policies. We obtained dismissal on the pleadings in trial court which Tenth Circuit affirmed and US Supreme Court denied Plaintiffs' certiorari petition.
- Representation of large physician practice in complex securities litigation matter involving claims of fraud, state securities act violations and breaches of fiduciary duty arising from multi-million dollar investment in retail urgent care facilities.
- Representation of national commercial appraisal firm in connection with complex commercial litigation matter where plaintiffs asserted claims for breach of fiduciary duty and fraud in connection with client's alleged failure to properly perform appraisal of mainframe computer equipment; plaintiffs sought more than $20 million in damages; following extensive discovery and briefing, plaintiffs dismissed all claims against client without payment of any money.
- Representation of trustee and note holder as trial counsel for a $21 million non-recourse, securitized commercial loan and the loan's special servicer in connection with claims asserted by commercial borrower for breach of contract and other commercial tort claims seeking more than $10 million in damages; obtained complete defense verdict against borrower's claims in clients' favor and recovery on clients' counterclaim against borrower for attorney's fees.
- Representation of one of world's largest television manufacturers in a $100 million nationwide class action alleging various commercial tort claims, including deceptive trade practices and breach of warranty, relating to alleged defects in products sold by the client; all claims ultimately dismissed without class certification and without payment of any of the damages sought.
- Representation of global insurer in a multi-million dollar insurance coverage and bad faith litigation matter involving interpretation of "auto" exclusion in CGL policy in significant personal injury case; obtained dismissal with prejudice of all claims in federal court and affirmance by unanimous opinion from Fifth Circuit.
- Representation of global insurers in multi-million insurance coverage and bad faith litigation matter involving interpretation of a contractual liability exclusion in CGL policy in significant property damage case; coverage position advocated on behalf of client was one of first impression, and ultimately vindicated by unanimous opinion from Texas Supreme Court.
- Representation of national lending and mortgage servicing client as trial counsel in multiple lawsuits brought by and against borrower; obtained complete jury verdict in favor of the client.
- The Best Lawyers in America, Commercial Litigation, Best Lawyers, 2017 - 2021
- Best Lawyers - Commercial Litigation, Best Lawyers, 2022
- Texas Super Lawyer, business litigation, Thomson Reuters, 2011 - 2016
- Texas Rising Star, business litigation, Thomson Reuters, 2005 - 2010
- "Top Business Cases of the Year," presented at the Norton Rose Fulbright Litigation Summit, November 14, 2018
- "Top Business Cases of the Year," presented at the Norton Rose Fulbright Litigation Summit, November 8, 2017
Dallas Bar Association
Business Litigation Section
International Law Section, host attorney to international LL.M. students at S.M.U.
Dallas Volunteer Attorney Project, pro bono consultation